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Madras High CourtWP(MD)/2257/2024dismissed

Devendran v. The Thasildar

2024-02-05Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Devendran ..Petitioner Vs 1.The Tahsildar, Orathanadu Taluk, Thanjavur District.

2.The Executive Engineer, Operation and Maintenance, TANGEDCO, Vadachery, Thanjavur District.

3.The Block Development Officer, Orathanadu Taluk, Thanjavur District.

4.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

5.Pitchaikannu ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 4 not to give electricity connection and drinking water connection via, the petitioner's land in patta No.1246 and S.F.No.50/3B at Thondarampattukilakku 1/6

Village, Orathanadu Taluk, Thanjavur District by way of considering the petitioner's representation, dated 25.01.2024. For Petitioner :Mr.R.Jegadeeswaran For R1 & R2 :Mr.D.Gandhiraj Special Government Pleader For R3 :Mr.M.Ramesh Government Advocate For R4 :Mrs.M.Aasha Government Advocate (Crl.side)

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents 1 to 4 not to give electricity connection and drinking water connection via, the petitioner's land in patta No.1246 and S.F.No.50/3B at Thondarampattukilakku Village, Orathanadu Taluk, Thanjavur District by considering the petitioner's representation, dated 25.01.2024. 2.Heard Mr.R.Jegadeeswaran, learned counsel appearing for the petitioner, Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents 1 & 2, Mr.M.Ramesh, learned Government Advocate appearing for the third respondent and Mrs.M.Aasha, learned Government Advocate (Crl.side) appearing for the fourth respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2/6

3. Considering the nature of the order proposed to be passed, protecting the interest of the fifth respondent, notice to the fifth respondent is dispensed with.

4. According to the petitioner he is having land in S.F.No.50/3B in patta No.1246 at Thondarampattu Kilakku Village, Orathanadu Taluk, Thanjavur District and the same was purchased by way of registered sale deed No.831 of 2020, dated 20.08.2020. He is having possession and enjoyment of the above said property and constructing a residential house in the above said land. In the meanwhile, one Pitchaikannu has filed writ petition in W.P(MD)No.15638 of 2022 before this Court seeking a direction directing the second respondent to provide electricity connection to his house and consequently, directing the third respondent to provide drinking water connection. This Court, by order dated 17.10.

2023 disposed the writ petition and directed the respondents 1 to 3 therein to restore the electricity service connection as well as water connection to the petitioner therein after receiving necessary charges. Now, the fifth respondent, who is the petitioner in W.P(MD)No.15638 of 2022 is attempting to get electricity and drinking water connection through the petitioner's land. Hence, the petitioner has made a representation, dated 25.01.

fifth respondent via the petitioner's land.

5. The learned Special Government Pleader appearing for the respondents 1 & 2 would submit that already this Court has passed an order, dated 17.10.2023 in W.P(MD)No.15638 of 2022 for giving electricity connection and water connection. The fifth respondent is living in a Government promboke land and residing adjacent to the petitioner's house.

6. This Court is not inclined to consider the prayer sought for by the petitioner. Hence, this Writ Petition is dismissed. No costs. The respondents are directed to give electricity connection and water connection to the 5th respondent's house/land and the petitioner cannot have any objection for giving electricity connection and water connection. If the petitioner is aggrieved, he ought to have file an appeal before the concerned authorities. If there is any alternate pathway available, the respondents should consider the same. 05.02.2024 Index : Yes/No Internet:Yes/No am 4/6

To 1.The Tahsildar, Orathanadu Taluk, Thanjavur District.

2.The Executive Engineer, Operation and Maintenance, TANGEDCO, Vadachery, Thanjavur District.

3.The Block Development Officer, Orathanadu Taluk, Thanjavur District.

4.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

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V.BHAVANI SUBBAROYAN,J am 05.02.2024 6/6